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Padilla v.

COMELEC
manug
Facts: A plebiscite in the matter of the creation of the Municipality of Tulay-Na-Lupa was held in the municipality of Labo pursuant to
RA 7155 and the Constitution. Only 2890 favored its creation while 339 voted against it. The Plebiscite Board of Canvassers declared the
rejection and disapproval of the independent Municipality of TNL. Gov. Padilla seeks to set aside the plebiscite and prays that a new
plebiscite be undertaken because the previous one was a complete failure and the results obtained were invalid and illegal because the
plebiscite should have been conducted only in the political units affected, i.e., the 12 barangays comprising TNL, to the exclusion of the
remaining areas of the mother unit.
Issue: WON the plebiscite conducted is valid. YES.
Padillas contention that the Tan ruling has been superseded by the ratification of the 1987 Constitution, hence reinstating the
Paredes ruling is untenable. Old law: political unit or units New law: political units The deletion of the words unit or does not
affect the Tan ruling.
Concom debates: Davide asked for deletion of unit or because the plebiscite is to be conducted in all units affected.
Political units directly affected: residents of the political entity who would be economically dislocated by the separation of a
portion thereof = units which would participate in the plebiscite.

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